Industrial Emissions Directive – Permitting Newly Prescribed
Activities – a Duly Making Checklist for Waste Facilities
When the Industrial Emissions Directive was implemented into domestic legislation by the amendment1 of
the Environmental Permitting Regulations 2010 (EPR), the scope of Installations (activities shown in Part 2
to Schedule 1 of EPR) widened to include some activities not previously regulated as Installations. These
activities are known as ‘newly prescribed’ activities.
This checklist relates to those newly prescribed activities that were in operation on 7 th January 2013, had the
physical or legal capacity to operate above one of the thresholds described in Schedule 1 to EPR and were
regulated as waste operations.
Information outlining the criteria for being a ‘newly prescribed’ activity and describing the process that
operators should follow if they carry out a waste treatment activity that now needs to be permitted as an
installation activity has been provided in other documents2.
This document sets out what information is required in making an application for a ‘newly prescribed’ activity.
Being ‘duly made’ is a key requirement of making an application. EPR states that newly prescribed activities
must be permitted as Installations by 7th July 2015. Operators will have a defence for not holding a permit as
an Installation on that date if they submit a duly made application by the appropriate one of three key dates.
These dates are known as ‘defence dates’.
The point of the duly making assessment is to ensure that the application contains sufficient information for
the application to be assessed. This checklist sets out the information required for a ‘duly made’ application.
We will assess applications against this checklist to decide whether there is sufficient information in order for
it to be `duly made’.
This document summarises relevant points. Operators should not base significant financial decisions on this
overview. Where an operator is uncertain on what to provide they should seek advice either from their
Environment Agency (EA) Area Compliance Officer or independent professional consultants
The majority of ‘newly prescribed’ installation activities currently have a waste permit and in some limited
cases operate under a waste exemption. For those operating under a waste permit, the age of the permit
and the desired outcome of the operator will affect the amount of technical assessment, and hence the
amount of information, required in order for the application to be considered ‘duly made’.
Information Sheet #1 explains how the degree of technical assessment affects the cost to the operator in
submitting their application. This in turn will affect the type of application and the information needed for the
application to be `duly made’.
Guidance is available on our website for operators who need to apply for a permit for the first time –
including those that need to move from operating under a waste exemption. The level of information
required for those applications is substantially different to any application to vary an existing permit This
checklist therefore only relates to those applicants varying existing permits, specifically the administrative
variations and the normal / substantial variations.
Scope of Variations
Waste permits issued after April 2007 will require an administrative variation. No technical assessment is
required, as the relevant technical standards (BAT / Appropriate Measures) have not changed since permit
issue. These permits are deemed to be IED compliant; however, the ‘newly prescribed’ installation activity
will need to be identified on the permit. The administrative variation is therefore necessary to provide a
formal route for the operator to ask for this activity to be included in their permit and for the EA to advertise
that request on the public register.
1
IED was implemented into the Environmental Permitting regulations 2010 by The Environmental Permitting (England and Wales)
(Amendment) Regulations 2013 SI 2013 No. 390
2
Industrial Emissions Directive - Information sheet #1 Identifying sites for permitting as installations
File: Document1
to update
Page 1 of 13
Printed: 07/02/2016 to update
Waste permits issued before April 2007 will require a normal variation.
Substantial variations will only be relevant where the newly prescribed activity has not been permitted before
(i.e. not a permitted waste operation) and the operator wishes to add that activity to an existing installation
permit.
Approach to site condition reports and baseline reporting
The Site Condition Report (SCR) describes and records the condition of the land and groundwater at a site
at a particular point in time. When applying for a new permit, a Baseline Report provides that description
and record of the condition of the land before any activities commence. They enable operators to
demonstrate that they have protected land and groundwater during the lifetime of the site and that the land is
in a satisfactory state when they come to surrender their permit.
A SCR is required for any facility we regulate under the Environmental Permitting Regulations where there
may be a significant risk to land or groundwater including where one is necessary to satisfy the requirements
of the Industrial Emissions Directive (IED).
The EC have confirmed however, that for Newly Prescribed Activities a baseline report should be
established at the first permit review after 7 July 2015. We will carry out this review following the publication
of the revised BAT Reference Document (BREF) and BAT Conclusions expected in 2016/17.
The EA will therefore not be seeking Site Condition Plans / Baseline Reports as part of the Newly Prescribed
Activity re-permitting process.
Operators should be aware that a Baseline Report will be required when they come to surrender their permit,
to assist in the process of demonstrating the land is in a satisfactory state. Permits will be updated at some
future date to require an assessment and continued consideration of the condition of the land.
Duly Making Checklists
The following tables set out the information that will need to be included in applications for administrative
variations and for normal (and substantial) variations for ‘newly prescribed’ installation activities.
Table 1
duly making information for all sectors ............................................................................................................... 3
Table 2
additional information for duly making biowaste facilities ................................................................................... 6
Table 3
additional information for duly making metal recycling facilities ......................................................................... 7
Table 4
additional information for duly making facilities pre-treating waste for incineration or treating
slags and ashes ................................................................................................................................................. 9
Table 5
additional information for duly making hazardous waste treatment and storage facilities ................................ 12
File: Document1
to update
Page 2 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Table 1 duly making information for all sectors
Admin
variation
Item
Criteria
Is the operation a
newly prescribed
activity?
The activity needed to have been in operation on 7th of January 2013 to qualify
for the delay until 7th July 2015.
Normal
variation
If not, it is a new activity and should be permitted as an Installation before
operations commence
See Defra’s Industrial Emissions Directive (IED) webpage for more information
Application forms
Most recent version of form used? (at time of application)
Are they present &
filled in correctly?
Administrative variations

Part A
About you

Part C0.5 Administrative variation of a standard or bespoke permit
(also see Charges
below)
These are available
from our website
GOV.UK
Normal variation

Part A
About you

Part C1 varying a standard facilities permit (varying from waste
operation to standard rules IED Installation)

Part C2 varying a bespoke permit – general information (varying from
waste operation to bespoke IED Installation)

Part C3 varying a bespoke installation permit (varying from waste
operation within an installation permit to bespoke IED
Installation)
If the permit being varied is a bespoke, you will need to submit
both C2 and C3. C2 for varying a bespoke, and C3 to provide
the info for the installation that they are varying the permit to
become. They will need to submit C3 every time.

Form F Opra, charges and declarations
N/A
N/A
Documents referenced in Forms are correct with respect to Application?
Application
Charges
Correct application type ?
Has the correct
payment been
made?
See our current
charging scheme
Installation Opra
spreadsheet
A new installation
OPRA spreadsheet
should be
completed by the
operator for future
subsistence
charging purposes.
For more
information on how
to complete an
Installation
spreadsheet, see
Opra guidance
File: Document1
See IED Information Sheet #1 on the types of application that may be relevant
for this assessment
For Normal variation applications, the charges should be based on the existing
waste Opra spreadsheet.
N/A– no
charge
Correct payment received in line with our charging guidance?
Complexities complete and correct?
Location: Information on the sensitive receptors close to your facility can be
found on GOV.UK in the local environmental data section or at
http://www.magic.gov.uk/ . The OPRA guidance for installations confirms the
screening distance at which potential receptors like habitat and nature
conservations sites become relevant.
Information on habitat & nature conservation sites is then relevant should you
need to complete an ecological impact assessment (see the section below on H1
assessment)
Emissions (if applicable):
Use existing data or estimates if you have any fixed emission sources
Operator Performance:
Where an operator claims to have an externally verified EMS, we will need
to verify this with the relevant registration numbers etc. Provide relevant data for
this to be reflected in the Opra profile, otherwise that credit may not be claimed.
to update
Page 3 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Item
Criteria
Non-technical
summary
Reasons for application
Explain why the
application has
been made and
what changes you
seek to the permit
Admin
variation
Normal
variation
A non‐ technical summary that explains the Application should be submitted by
the Applicant. This should include a summary of the regulated facility, the key
technical standards and control measures arising from the risk assessment,
even if this was as presented in the original post-2007 application.
The summary should clearly describe the extent of the ‘installation’ following the
guidance on the meaning of a regulated facility in Regulatory Guidance Note
(RGN 2):
The summary should state which newly prescribed activity is being applied for
and the directly associated activities (DAAs) to that scheduled activity. If there
are other waste activities remaining under the permit those should also be
clearly described. R & D Codes should be included against each activity.
Daily treatment capacity calculation
The operator should demonstrate how the daily treatment capacity had been
calculated. See the following guidance documents:
 IED Information sheet #1 - Identifying sites for permitting as installations
 IED Information sheet #2 - Examples of installation facilities & capacities
 RGN 2 Guidance (Appendix 1) – The definition of “Capacity”
Site plan
Your permit will
include a plan
clearly showing the
site facilities,
including the.
site boundary
Site plan(s) submitted and appropriate for the permit?
The site plan should show:
 site infrastructure (including drainage plan, secondary containment and
structures for separately storing types of waste which may be incompatible)
 locations of each treatment process, waste reception buildings, auxiliary &
support facilities etc.
 capacity of waste storage / treatment areas, hazards and plant
 process flow diagrams for the treatment plant
 emission points to air (including from storage tanks), surface or ground water
and sewer
 nearby roads or features just outside the boundary (this is for the purpose of
identifying the site).
 building layout plan (the layout or plan should show the activities that would
be carried out (including any storage of waste).
 site boundary must be clearly marked in a visible line
 a compass marker and scale indicator must also be shown
Waste types
EWC codes listed?
Which waste types
will the site accept?
The permit will include a list of waste types and quantities accepted for each
treatment processes or storage activity at the facility. Separate waste types and
quantities will be identified for waste operations and installation activities.
These waste types will be shown in EWC format.
How much waste
will the site accept?
If the current permit includes a list, that list should be provided, split down to the
waste operations and installation activities taking place .
If the current permit does not include a detailed EWC list one should be
prepared, based on and limited to the wastes accepted at the site as restricted
by the current permit
File: Document1
to update
Page 4 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Item
Criteria
H1 Environmental
risk assessment
(including
ecological
assessment)
Odour?
Our H1 guidance
provides more
information:
Admin
variation
Normal
variation
Accidents?
Noise and vibration?
Fugitive emissions?
Ecological sites considered?
(a) Has the operator undertaken an ecological impact assessment? If yes,
provide document reference____________________
(b) Have there been any changes at the facility since permit issue?
Note: If the answer to question (a) is “No”, an ecological assessment is required
irrespective of whether or not the site has undergone changes.
N/A
If the answer to question (a) is “Yes” and the site has not undergone any
changes, a habitats assessment is not required.
Ecological impact assessment
Ecological impacts identified and considered – See section above on locational
aspect within OPRA
Habitats Directive sites? – SAC, SPA, Ramsar?
Countryside and Rights of Way Act (CROW) sites – SSSIs
Non-statutory conservation sites (Local Wildlife Sites, National Nature Reserves,
Ancient Woodlands etc.)?
BAT/
Appropriate
measures
technical
assessment
File: Document1
BAT addressed in line with relevant guidance (IPPC S5.06)

Pre-acceptance and acceptance procedures

Reception, handling and storage of waste / feedstock (including
segregation) described

Containment demonstrated?

Description of treatment process

Drainage plan / system?

Emission points identified and levels proposed?

Monitoring proposed? (process & emissions)

MCERTS?

Nuisance management?

Standards specified?

Frequencies specified?

Raw materials/water usage listed?

Energy efficiency?
to update
Page 5 of 13
N/A
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Table 2 additional information for duly making biowaste facilities
Admin
variation
Item
Criteria
What is the
scheduled
activity?
Aggregation:
Has the aggregation of biowaste recovery activities with other non-hazardous
waste recovery treatment activities been considered?
Normal
variation
Refer to Schedule 1 Aggregate disposal and recovery activities separately
of the
Relevant Activity
Environmental
If processing more than 10 tonnes of animal waste per day, Section 6.8 will
Permitting
apply:
Regulations as

Section 6.8 A(1) c) - Disposing of or recycling animal carcasses or animal
amended in 2013
waste, at a plant with a treatment capacity exceeding 10 tonnes per day of
An unofficial
animal carcasses or animal waste or both in aggregate
consolidation of the
If processing less than 10 tonnes of animal waste per day, Section 5.4 will apply:
regulations is

Section 5.4 A(1) b) (i) Recovery or a mix of recovery and disposal of nonavailable
hazardous waste with a capacity exceeding 75 tonnes per day (or 100
Please refer to our
tonnes per day if the only treatment activity is anaerobic digestion) involving
guidance RGN 2
biological treatment
understanding the
We would not expect disposal activities under Section 5.4 A(1) a) (i) – biological
meaning of
treatment for the purpose of disposal to be newly prescribed. Those activities
regulated facility
should have been permitted as installations prior to the implementation of IED.
(limb test i, ii)
The exception is where the changed aggregation rules now draw in activities that
were previously below the 50 tonne per day threshold when considered on their
own
Note: if the only activity at the facility is anaerobic digestion the threshold is 100
tonnes per day. If there are any other scheduled waste treatment activities at the
site the threshold is 75 tonnes per day
The following operations will be designated as “directly associated activities”
and therefore part of the Installation:

combustion of biogas in engine(s) and/or auxiliary boiler(s)

upgrading of biogas to bio-methane

pasteurisation of waste

emergency flare operation

raw material storage

biogas storage (prior to combustion)

digestate/compost storage (prior to despatch off-site)

leachate collection and storage (prior to processing)

collection and storage of uncontaminated site surface water
Other waste activities
Any remaining waste activities carried out at the site not directly associated with
the installation will remain waste activities. Confirm the remaining recovery and
disposal activities that are carried out as set out below:

R and D codes

Annual throughput

Daily treatment capacities

Waste types
In the technical
assessment, pay
particular
attention to:
Processing of whole digestate
Secondary containment – infrastructure considered and is it appropriate (bunds,
floors, buildings etc)?
N/A
Abatement of odours
Overall
conclusion
File: Document1
Duly Made / Not Duly Made
to update
Page 6 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Table 3 additional information for duly making metal recycling facilities
Admin
Variation
Item
Criteria
What is the
scheduled
activity?
Aggregation:
Has the aggregation of metals recycling facilities with other non-hazardous
waste recovery activities been considered?
E.g. a shredder with a throughput of 26 tonnes a day and a shredder at 50
tonnes a day together become an installation
Document reference (page 4 of IED information sheet #1)
Refer to Schedule 1
of the
Environmental
Permitting
Regulations as
amended in 2013
An unofficial
consolidation of the
regulations is
available
Please refer to our
guidance RGN 2
understanding the
meaning of
regulated facility
(limb test i, ii)
Normal
variation
Does the facility shred metals?
We expect the shredding to be carried out for the purpose of recovery. The
relevant activity will be:

Section 5.4 A(1) b) (iv) Recovery or a mix of recovery and disposal of nonhazardous waste with a capacity exceeding 75 tonnes per day involving the
treatment in shredders of metal waste, including waste electrical and
electronic equipment and end-of-life vehicles and their components
If the shredding of metal was being carried out for the purpose of disposal the
relevant activity would be:

Section 5.4 A(1) a) (v) Disposal of non-hazardous waste with a capacity
exceeding 50 tonnes per day involving the treatment in shredders of metal
waste, including waste electrical and electronic equipment and end-of-life
vehicles and their components
Does the facility treat or store hazardous waste?
Hazardous waste types (see our WM2 guidance for defining hazardous waste)

batteries

Oils & oil filters removed from ELV’s

Components containing mercury or PCB’s

some catalysts

WEEE containing hazardous components
Does not include

the depollution and dismantling of end of life vehicles using hand-held
equipment

refurbishment or hand sorting/ dismantling of WEEE
Activities treating hazardous wastes such as WEEE may include

shredding or other mechanical treatments

refrigerant/ oil separation

cryogenic condensation of blowing agent from fridge insulation foam

hazardous waste includes mixed WEEE which contain some hazardous
components
These are physico / chemical treatment activities where the relevant activity is

Section 5.3 A(1) a) (ii) Disposal or recovery of hazardous waste with a
capacity exceeding 10 tonnes per day involving physico-chemical treatment
Activities storing hazardous waste for transfer to other installation based
treatment or disposal activities need to be aggregated together. If the capacity
to store hazardous waste at a site exceeds 50 tonnes the relevant activity is

Section 5.6 A(1) a) Temporary storage of hazardous waste with a total
capacity exceeding 50 tonnes pending any of the activities listed in Sections
5.1, 5.2, 5.3 and paragraph (b) of this Section, except
(i) temporary storage, pending collection, on the site where the waste is
generated, or
(ii) activities falling within Section 5.2.
This does not include the storage of ELVs pending manual de-pollution; or the
storage of WEEE pending manual dismantling, repair or refurbishment
File: Document1
to update
Page 7 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Item
Admin
Variation
Criteria
Normal
variation
The following operations will be designated as “directly associated activities”
(DAA) and therefore part of the Installation:

Pre shredding of ELVs or baled waste

post shredder sorting

storage of infeed and separated fractions

degassing of refrigeration equipment
Other waste activities
ELV dismantling is unlikely to be a DAA to the main scheduled activity. That will
remain as a waste operation as will any other waste operations at the site not
connected to the installation activity
In the technical
assessment, pay
particular
attention to:
Have you identified elements of the activities which present specific risks to the
environment e.g. odour dust, noise together with the pathway to any receptors.
Have you considered the risk and put management systems in place to mitigate
that risk. The following tools help:

Risk assessment table

H1 document assessing the risks

Conceptual model

How to Comply guidance

H1 guidance

H4 odour guidance
N/A
Examples include how you will demonstrate the suppression and containment of
dust; the insulation & regular maintenance of mechanical infrastructure to
manage noise risk
See our Environmental permitting guidance pages
The BRMA BREF Report on Fragmentising is a good starting point
Overall
conclusion
File: Document1
Duly Made / Not Duly Made
to update
Page 8 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Table 4 additional information for duly making facilities pre-treating waste for incineration or
treating slags and ashes
Admin
Variation
Item
Criteria
What is the
scheduled
activity?
Aggregation:
Has the aggregation of non-hazardous waste treatment recovery facilities with
other non-hazardous waste recovery activities been considered?
Refer to Schedule 1
of the
Environmental
Permitting
Regulations as
amended in 2013
For example, if there is a biological treatment on site at 26 tonnes a day and a
physico-chemical at 50 tonnes a day (both for disposal), then these tonnages are
aggregated as treatment of non-hazardous waste for disposal so the facility will
be an installation
An unofficial
consolidation of the
regulations is
available
Please refer to our
guidance RGN 2
understanding the
meaning of
regulated facility
(limb test i, ii)
Normal
variation
Definitions
IED & EPR provide separate activity descriptions for disposal and recovery
activities when treating non-hazardous waste. The relevance of the separate
descriptions is based on the intent when undertaking the treatment activity:

Treatment for ‘recovery or a mix of recovery and disposal’ means the main
aim is to recovery a significant element of the incoming waste stream but
some of the treated waste streams may be disposed of

Disposal activities are relevant where there is always an intent to dispose of
the incoming waste streams;
Activities pre-treating waste for incineration and co-incineration will be
considered a recovery activity when the treated waste is sent to a facility with an
R1 classification. Treating for facilities without an R1 classification will be taken
to be treating for the purpose of disposal.
Treatment for the purpose of disposal
Is there a process treating non-hazardous waste for disposal by physicochemical processes? If so the relevant activity is:

Section 5.4 A(1) a) ii) Disposal of non-hazardous waste with a capacity
exceeding 50 tonnes per day involving physico-chemical treatment
Note: this includes physical and / or chemical treatment of waste prior to
disposal. It does not include simple handling operations such as compaction
where there is no change to the waste - see RGN 2
We would only expect this activity to be relevant for newly prescribed activities
where the changed aggregation rules now draw in activities that were previously
below the 50 tonne per day threshold when considered on their own. Activities
above the 50 tonne threshold should have been permitted as installations prior to
the implementation of IED.
Note there is no similar activity in S5.4 A(1)(b) for physico-chemical recovery
operations - these are considered to be waste operations.
Is there a process pre-treating non-hazardous waste for disposal based
incineration or co-incineration activities? If so the relevant activity will be:

Section 5.4 A(1) a) (iii) Disposal of non-hazardous waste with a capacity
exceeding 50 tonnes per day involving pre-treatment waste for incineration
or co-incineration
Pre-treatment does not include operations such as baling, which are done for
transportation rather than for the purpose of incineration.
Waste destined for co-incineration should use the recovery option.
File: Document1
to update
Page 9 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Item
Admin
Variation
Criteria
Normal
variation
Is there a process treating ashes and slags for the purpose of disposal? If so the
relevant activity will be:

Section 5.4 A(1) a) (iv) Disposal of non-hazardous waste with a capacity
exceeding 50 tonnes per day involving treatment of slags and ashes
Ashes and slags are generally treated to recover the inorganic and / or metal
content. This option should only be used for true disposal operations.
Where slag and ash recovery takes place on the same site as an incineration
process that treatment is considered part of the incineration process and will not
be permitted as a separate activity
Treatment for recovery or a mix of recovery and disposal
Is there a process pre-treating non-hazardous waste for recovery based
incineration or co-incineration activities (i.e. for facilities that have an R1
classification) ? If so the relevant activity will be:

Section 5.4 A(1) b) (ii) Recovery or a mix of recovery and disposal of nonhazardous waste with a capacity exceeding 75 tonnes per day involving pretreatment waste for incineration or co-incineration
Pre-treatment does not include operations such as baling, which are done for
transportation rather than for the purpose of incineration.
Is there a process treating ashes and slags for the purpose of recovery? If so
the relevant activity will be:

Section 5.4 A(1) a) (ii) Recovery or a mix of recovery and disposal of nonhazardous waste with a capacity exceeding 75 tonnes per day involving
treatment of slags and ashes
Ashes and slags are generally treated to recover the inorganic and / or metal
content.
Where slag and ash recovery takes place on the same site as an incineration
process that treatment is considered part of the incineration process and will not
be permitted as a separate activity
The following operations will be designated as “directly associated activities”
(DAA) and therefore part of the Installation

Waste Storage,

Other waste processes such as bulking up, repackaging, baling,
compaction, associated with handling the wastes or residues;

Effluent treatment;

Associated boilers.
Other waste activities
Descriptions, together with R and D codes, for other non-hazardous waste
operations at the same sites not connected with the installation activities.
File: Document1
to update
Page 10 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Admin
Variation
Item
Criteria
In the technical
assessment, pay
particular
attention to:
Have you identified elements of the activities which present specific risks to the
environment e.g. odour dust, noise together with the pathway to any receptors?
Have you considered the risk and put management systems in place to mitigate
that risk? The following tools help:

Risk assessment table

H1 document assessing the risks

Conceptual model

How to Comply guidance

H1 guidance

H4 odour guidance
This can be in the form of a BAT document which outlines the activity and
associated BAT techniques for managing emissions.
Normal
variation
N/A
Examples include how you will demonstrate the suppression and containment of
dust; the insulation & regular maintenance of mechanical infrastructure to
manage noise risk; Odour – containment, stock rotation
See our Environmental permitting guidance pages
If there is a significant risk of odour, an odour management plan should be
submitted. Consideration should also be given to Noise, Fugitive Emissions and
Pest Management Plans similarly. Our H1 guidance outlines the information to
include in emission management plans
Overall
conclusion
File: Document1
Duly Made / Not Duly Made
to update
Page 11 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Table 5 additional information for duly making hazardous waste treatment and storage facilities
Admin
Variation
Item
Criteria
What is the
scheduled
activity?
Aggregation:
Has the aggregation of all hazardous waste treatment activities been
considered?
Refer to Schedule 1
of the
Environmental
Permitting
Regulations as
amended in 2013
Has the aggregation of all hazardous waste storage activities been considered?
An unofficial
consolidation of the
regulations is
available
Treatment activities
Treating more than 10 tonnes per day of hazardous waste involving one or more
of the following activities means the relevant activity is:

Section 5.3 A(1) a) Disposal or recovery of hazardous waste with a capacity
exceeding 10 tonnes per day involving ….
Please refer to our
guidance RGN 2
understanding the
meaning of
regulated facility
(limb test i, ii)
Normal
variation
For example, if there are various activities at the site, each with its dedicated
storage of hazardous waste, they all need aggregating together to see if the
threshold of 50 tonnes total capacity is exceeded.
Scheduled activities correctly identified?
The activities are:
(i)
biological treatment;
(ii) physico-chemical treatment;
(iii) blending or mixing prior to submission to any of the other activities listed in
this Section or in Section 5.1;
(iv) repackaging prior to submission to any of the other activities listed in this
Section or in Section 5.1;
(v) solvent reclamation or regeneration;
(vi) recycling or reclamation of inorganic materials other than metals or metal
compounds;
(vii) regeneration of acids or bases;
(viii) recovery of components used for pollution abatement;
(ix) recovery of components from catalysts;
(x) oil re-refining or other reuses of oil;
(xi) surface impoundment.
Storage activities
If more than 50 tonnes of hazardous waste is being stored at any one time then
the relevant activity will be:

Section 5.6 A(1)(a) Temporary storage of hazardous waste with a total
capacity exceeding 50 tonnes pending any of the activities listed in Sections
5.1, 5.2, 5.3 and paragraph (b) of this Section, except —
(i) temporary storage, pending collection, on the site where the waste is
generated, or
(ii) activities falling within Section 5.2
Storing more than 50 tonnes of hazardous waste in total underground would also
become an activity under Section 5.6 A(1) b). If these facilities store waste for
recovery for more than three years they should already be regulated as landfill
sites. If there are any facilities storing waste underground for less than 3 years
they should be apply to be regulated under:

Section 5.6 A(1)(b) Underground storage of hazardous waste with a total
capacity exceeding 50 tonnes
See our WM2 guidance for defining hazardous waste
File: Document1
to update
Page 12 of 13
Printed: 07/02/2016 to update
Permitting Newly Prescribed Activities
Permit application reference ...................................................
Item
Admin
Variation
Criteria
Normal
variation
Directly associated activities (DAA’s) correctly identified?
The following operations are examples of what may be considered “directly
associated activities” and therefore may form part of the Installation:

drum washing operations (processing less than 10 t/d of drums)

acid / alkali reagent ‘product’ storage

fuel storage

steam raising boilers

small effluent treatment plants
Other waste activities
Any remaining waste activities carried out at the site that are not directly
associated with the installation will remain waste activities. Confirm the
remaining disposal and recovery activities that are carried out as set out below:

R and D codes

Annual throughput

Daily treatment and storage capacities

Waste types
In the technical
assessment, pay
particular
attention to:
In addition to meeting ‘How to comply with your environmental permit’, BAT
needs to be demonstrated in line with relevant sector guidance notes

SGN 5.06 for hazardous waste storage and treatment facilities

EPR 5.07 where facility accepts clinical waste
In particular, the operator should confirm that their operating techniques fully
accord with the following standards set out in the SGN. This should include a
reference to the relevant operating instruction / procedure. Any proposed
departure from the SGN must be justified
As a minimum:
SGN 5.06
reference
BAT requirement
Overall conclusion
File: Document1
EPR 5.07
reference

Summary of treatment activities
(including waste types, hazard
properties of the waste, outline
chemical reactions and process
monitoring)
section 2.1.4 and
sections 2.1.5 to
2.1.15 as
appropriate
section 2.1

Waste pre-acceptance procedures
section 2.1.1
section 2.2

Waste acceptance procedures
section 2.1.2
section 2.2.

Waste storage and infrastructure
(including how incompatible wastes
are stored separately)
section 2.1.3
section 3.2

Waste handling
see sections 2.1.1
to 2.1.3 above
section 3.2

Monitoring

Layout plan(s) provided that include:
o where the installation is based
o infrastructure in place, (including drainage plan, secondary containment
and structures for separately storing types of waste which may be
incompatible)
o location of each treatment plant and main plant items
o capacity of waste storage / treatment areas and plant
o process flow diagrams for the treatment plant
N/A
section 3.3
Duly Made / Not Duly Made
to update
Page 13 of 13
Printed: 07/02/2016 to update